Shawn K. was 15 when he and three other teens broke into a neighbor's house looking for cash. Shawn's job was to guard the back door. Unfortunately, things did not go as expected and the homeowner was seriously injured and ultimately died. Although no one, not even prosecutors, accused Shawn of harming the victim, he was still found guilty of first-degree murder. How? The felony murder rule.
Our readers in Waukesha may recall a previous post discussing the unfortunate situation of criminal charges resulting from domestic disputes. Although emotions can run high in the home, it is important to remember that just because a person is accused of a crime does not necessarily mean that person is guilty, even when the charges stem from the claims of a family member or friend. The prosecution is nonetheless obliged to hold up its end of the legal bargain by bearing the burden of proof.
Drug charges are filed more often than most people think, and sometimes the allegations are not merited. However, if a person is convicted on drug charges in Wisconsin, the penalties can be severe. But being charged with a drug crime does not automatically lead to a conviction. The burden of proof is on the prosecution, and the arrest conducted by police officers has to adhere to certain guidelines, including laws related to search and seizure.
Can half a can of beer alone make someone's blood-alcohol content exceed the legal limit? Not likely. But that is what a criminal complaint in Milwaukee alleges against a woman who not only has suffered the loss of her young daughter; she is also accused of DUI in connection with her daughter's death.
The holiday season in Wisconsin can be wonderful. It is a time for families to get together, celebrate and enjoy the closeness of loving relationships. However, the holidays can also be a time for increased police activity, as authorities seek to prosecute drivers who may have had too much to drink. Indeed, Wisconsin arrests for OWI are often considerably high during the holiday season.One alleged OWI incident recently occurred when a 52-year-old Wisconsin man reportedly crashed into a Christmas parade float that was carrying several children. The man now faces felony drunk driving charges. According to a county sheriff's department, the man fled the scene after the accident. He was later stopped about a block away by witnesses who detained him until police arrived. According to reports, no one was injured during the incident.
A 55-year-old Wisconsin man has been sentenced to prison for a year after being convicted of maintaining a drug trafficking location. Prosecutors alleged that the man's role in maintaining the location contributed to the death of a 28-year-old man. The 55-year-old pled no contest to the felony charge, and the judge proceeded to dismiss other more serious felony allegations that had been filed against the man, including reckless homicide by delivery of drugs to the first degree, as well as drug manufacturing and delivery. The convicted man received a credit of 41 days to be subtracted from his sentence for the time he spent in jail before the trial. However, he will have two years of extended supervision after completing his prison term.Although the man was sentenced to one year in prison, prosecutors advocated that he be incarcerated for half a year longer, which would make up the maximum term possible for his crime. The prosecution argued that the man was the source of the illegal substances that caused the other man's death. But defense counsel argued that his client wasn't even present for the drug deal, and was possibly sleeping in another room at the time. The defense counsel further said that his client had never even met the young man who died, since it was another person who had purchased and delivered the drugs.
Readers of this blog are likely aware that the law can take a very harsh stand against sex crimes, even if they only occur on the Internet, as viewing or even discussing underage sexual contact is taken very seriously. With that in mind, readers may be interested in the case of a 30-year-old Wisconsin man who is now facing half a dozen felony charges related to child enticement.